- (1.) By way of the instant writ petition, the petitioner seeks a direction to the respondents to make reimbursement of medical expenses borne by him in the treatment of his cardiac problem for which he was subjected to Coronary Artery Bypass Graft surgery at the Apollo International Hospital Ahmedabad. It is not in dispute that the petitioner is a member of Employees State Insurance Fund. The petitioner claims that after he was subjected to surgery, he submitted the bills etc. to the respondents for reimbursement but the respondents adopted a hyper technical approach and insisted that the bills would be honoured only if the petitioner furnished an affidavit stating that he would accept whatever amount is paid to him and will not raise any objection.
(2.) Counsel for the petitioner brought to the notice of this Court the affidavit submitted by the petitioner to the respondents along with his reimbursement application Annexure-2 dated 24.6.2008 wherein it has been specifically mentioned that he will follow all the Rules and Regulations of ESI Act, 1948 as amended from time to time.
(3.) Counsel for the petitioner submits that the petitioner is ready to accept the reimbursement of the medical bills as per the rates prescribed for a similar treatment at the AIIMS or CGHS whichever is higher. He further prays that the petitioner deserves to be awarded interest on the amount because the respondents have adopted a dilatory tactic in not reimbursing the medical bills of the petitioner for the last six years.;